6/25/2025 7:46:19 PM Arrrgh: Piracy and Fair Use in AI Training By Nate Garhart Monday's decision in a copyright suit against Anthropic for the use of copyrighted works in the training of its LLM came down as expected...
6/24/2025 6:50:42 PM Reason Rules in Seven County SCOTUS Decision By Linda Gilleran On May 29, 2025, SCOTUS delivered a unanimous decision in Seven County Infrastructure Coalition v. Eagle County, Colorado. The project...
6/24/2025 5:30:17 PM Romancing the AI: Copyright in the Formulaic By Nate Garhart Romance novel covers tend to follow a familiar playbook. They often feature dramatic lighting, striking couples, flowing fabrics, and...
6/23/2025 8:53:23 PM California's New Roadmap for Frontier AI Policy: Trust, Oversight, and Adaptability By Nate Garhart California has long been a center of technological innovation, and it now faces the challenge of leading responsibly in the governance of...
6/20/2025 5:18:28 PM Incontestably Confused: Incontestability and Actual Confusion in Trademark Claims By Nate Garhart A recent lawsuit between two pest control companies operating under the same BLACK WIDOW trademark offers a useful reminder about the...
6/18/2025 4:49:44 PM Westlaw Headnotes Case Heads to Appeals Court in Closely Watched AI Copyright Battle By Nate Garhart The Third Circuit is stepping into the spotlight on the intersection of copyright law and AI training. On June 17, it agreed to hear the...
6/18/2025 1:32:04 AM These Aren’t the Droids You’re Looking For: Remedy Sought Against Midjourney Shifts Focus of AI Liability By Nate Garhart In their recent lawsuit against AI image generator Midjourney, Disney and Universal are not only seeking damages and declaratory relief...
6/16/2025 5:41:21 PM Federal Circuit Remands TTAB's False ECHO in Wine Dispute By Nate Garhart The USPTO and TTAB are usually quick to focus on shared terms when assessing the likelihood of confusion between trademarks. This will...
6/12/2025 8:44:46 PM How Employers Should Not Ask Employees To Sign an Arbitration Agreement During Onboarding By Kevin Jones Employers should be careful about not only the contents of an arbitration agreement but the process by which they ask employees to sign...
6/12/2025 8:43:25 PM Court of Appeal Decision Gives California Employers Guidance on Employment Arbitration Agreements By Ryan Wessels Employment arbitration agreements are often utilized by employers to minimize costs, risk, and publicity associated with civil...
6/12/2025 5:13:02 PM The Distinct Concepts of Copyright and Right of Publicity In Photos By Nate Garhart A recent lawsuit filed by photographer Jackson Lee against MediaNews Group illustrates the important distinction between copyright and...
6/11/2025 4:55:08 PM Outside Baseball: IP Rights in Public Performances By Nate Garhart A lawsuit between the Chicago Cubs and the owner of a rooftop venue near Wrigley Field raises important questions about the scope of...